PART II.

Restriction of Rent of Controlled Premises.

Chapter 1.

Lawful Rent of Controlled (1923 Act) Premises.

7. —(1) Subject to subsection (2) of this section, this Chapter applies to every controlled premises the rateable valuation whereof does not exceed—

(a) thirty pounds in case the premises are situate in either—

(i) the county borough of Dublin as existing immediately before the passing of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), or

(ii) the area comprising the former urban districts of Pembroke, and Rathmines and Rathgar, as existing immediately before the passing of the said Act, or

(iii) the borough of Dún Laoghaire,

(b) twenty-five pounds in any other case.

(2) (a) This Chapter does not apply to premises erected after, or in course of being erected on, the 2nd day of April, 1919, or which at that date were being or have since been bona fide reconstructed by way of conversion into two or more separate and self-contained flats or tenements.

(b) This Chapter does not apply to premises which, having been controlled (non-1923 Act) premises, would, by reason of a reduction of the rateable valuation thereof, become, but for this paragraph, premises to which this Chapter applies.

(c) This Chapter does not apply to premises to which the Act of 1923 had, by the operation of section 5 of the Act of 1926, ceased, before the operative date, to apply.

8. —(1) This section applies to controlled (1923 Act) premises in respect of which evidence is forthcoming of both the following facts:—

(a) that the standard rent of the premises was determined by the Court before the operative date, and

(b) the amount of the standard rent.

(2) This section also applies to controlled (1923 Act) premises in respect of which evidence is forthcoming of both the following facts:—

(a) that the standard rent of the premises was, before the operative date, the subject of an arbitration award, and

(b) the amount of the standard rent.

(3) The basic rent of premises to which this section applies shall be an amount equal to the sum of the following:—

(a) the standard rent of the premises, and

(b) (i) in the case of a dwelling, twenty per cent. of the standard rent, or

(ii) in any other case, twenty-five per cent. of the standard rent.

9. —(1) This section applies to every controlled (1923 Act) premises other than premises to which section 8 of this Act applies.

(2) The basic rent of premises to which this section applies shall be determined by the Court and shall be a rent of such amount as the Court considers reasonable, under any given contract of tenancy not being for more than a term of five years, having regard to the basic rents of other controlled (1923 Act) premises and, in case evidence is forthcoming of both the following facts,—

(i) that the premises the basic rent whereof is to be determined were on the 3rd day of August, 1914, held by an occupying tenant thereof under a contract of tenancy not being for more than a term of five years, or that they were not so held but were last so held on a date not being more than three years before the 3rd day of August, 1914, and

(ii) the rent at which they were so held,

then, having regard also to the amount of the said rent.

(3) For the purpose of the determination by the Court of the basic rent under this section the tenant shall be deemed to be responsible for the rates.

10. —(1) Where, by reason of an increase in the rateable valuation thereof, premises which were, immediately before the date of the increase, controlled (1923 Act) premises would, but for this section, become controlled (non-1923 Act) premises, then, notwithstanding such increase, the premises shall continue to be premises to which this Chapter applies.

(2) Subsection (1) of this section shall not apply to premises the increase in the rateable valuation whereof arises from improvements or structural alterations carried out by the landlord while in possession of the whole of the premises.

11. —(1) In subsection (2) of this section, the expression “the critical date” means—

(a) in the case of premises to which section 8 of this Act applies, the operative date,

(b) in the case of premises to which section 9 of this Act applies, the date of the institution of the proceedings in which the basic rent of the premises is determined.

(2) For the purposes of this Act, the sum mentioned in any paragraph of this subsection shall, in the case set out in that paragraph, be a lawful addition to the basic rent of controlled (1923 Act) premises:—

(a) in case the landlord of the premises pays or allows a deduction or set-off against, or indemnifies the tenant in respect of, the rates or any part thereof, a sum equal to the amount for the time being of such payment, deduction, set-off or indemnity (as the case may be);

(b) in case the landlord, on or after the critical date, expends any amount (excluding any amount expended on decoration or repairs) on the improvement or structural alteration of the premises, a sum equal to eight per cent. per annum of that amount;

(c) in case the landlord, on or after the critical date, expends any amount on repairs to the premises which are wholly or mainly rendered necessary because of acts of waste by, or the neglect or default of, the tenant or any person residing with him or any of his lodgers or subtenants, a sum equal to eight per cent. per annum of that amount;

(d) (i) in case the landlord is responsible for the whole of the repairs to the premises, an amount not exceeding one-twelfth part of the basic rent,

(ii) in case the landlord is responsible for part only of the repairs, such lesser amount as may be agreed upon between the landlord and the tenant or as may, on the application of either of the said parties, be determined by the Court, or, in the absence of any such agreement or determination, an amount not exceeding one twenty-fourth part of the basic rent;

(e) in the case of premises to which section 8 of this Act applies, if the landlord has, in the year 1922, expended an amount in excess of one-third of the standard rent, or has, during a period comprising the two years 1923 and 1924, or 1925 and 1926, or 1927 and 1928, expended an amount in excess of two-thirds of the standard rent, on putting the premises into a reasonable state of repair, a sum equal to fifteen per cent. per annum of such excess or excesses of expenditure;

(f) in the case of premises to which section 8 of this Act applies, if the landlord has, after the 4th day of August, 1914, and before the critical date, expended any amount on the improvement or structural alteration of the premises (but not including therein any amount expended on decoration or repairs) a sum equal to eight per cent. per annum of that amount;

(g) in case the landlord, during a period comprising the two years 1945 and 1946, or 1946 and 1947, or 1947 and 1948, or 1948 and 1949, or 1949 and 1950, expends an amount in excess of two-thirds of the basic rent of the premises on putting the premises into a reasonable state of repair, a sum equal to fifteen per cent. per annum of such excess or excesses of expenditure.

(3) For the purposes of subsection (2) of this section, the amount of any grant under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1944, as amended or extended by any subsequent enactment, shall not be reckoned as part of any amount expended on any improvement, structural alteration or repairs to which that subsection applies.

(4) In the application of this Chapter to a small dwelling, within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928), the following provisions shall have effect:

(a) the word “rates” in paragraph (a) of subsection (2) of this section shall not include a rate made by virtue of the last-mentioned Act on the owner of such small dwelling, and

(b) the amount by which the rent of such small dwelling is increased by virtue of section 6 of the last-mentioned Act shall be taken into account as a lawful addition in calculating the lawful rent of such small dwelling,

12. —The lawful rent of controlled (1923 Act) premises shall be—

(a) in case there is no lawful addition to the basic rent of the premises, the basic rent of the premises,

(b) in any other case, the sum of the basic rent of the premises and the lawful additions thereto.